Zeller v. Haupt
Superior Court of Pennsylvania
Appeal, No. 14, Oct. T., 1909, by defendant, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1906, No. 3,296, on verdict for plaintiffs in case of Nicholas Zeller et al., trading as Rhode Island Manufacturing Company, v. Herman Haupt. Assumpsit for goods sold and delivered. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $363.20. Defendant appealed.
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Appeal, No. 14, Oct. T., 1909, by defendant, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1906, No. 3,296, on verdict for plaintiffs in case of Nicholas Zeller et al., trading as Rhode Island Manufacturing Company, v. Herman Haupt. Assumpsit for goods sold and delivered. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $363.20. Defendant appealed. Errors assigned were (1) in directing a verdict for plaintiffs; (2) in refusing motion for judgment n. o. v.; (3-6) exclusion of oral testimony relating to the…
1Opinion of the Court
Opinion by
Orlady, J.,
This action of assumpsit was brought to recover the sum of $320, for goods sold and delivered. The defendant on July 7, 1909, signed a printed blank at Philadelphia, which is designated “Our Trial Order.” It is issued by the “Rhode Island Manufacturing Company, Chicago, not incorporated.” The opening paragraph is in substance, viz.: This sample order consists of the following articles in “Enamel, rolled gold plate, gold front, gold filled, sterling silver and oxidized finished goods, in assorted designs, of Crosses and Lockets; Ladies’ Neck Chains; Sash Pins and Belt…
2Cases cited20 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
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- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
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